Eileen's Law sent to Gov. Tom Wolf

A bipartisan proposal sparked by the death of a Reading woman, and designed to stop the imprisonment of parents who can't pay fines levied when their kids skip school, is now on the desk of Gov. Tom Wolf.

The legislation, “Eileen's Law,” is named for Eileen DiNino, a widowed mother of seven who died in 2014 while serving a 48-hour sentence in Berks County Prison for failing to pay about $2,000 in truancy fines. DiNino's death caught the attention of legislators after the Reading Eagle reported she had been imprisoned for unpaid fines.

The state Senate passed the legislation Wednesday. Senators amended a similar bill that unanimously passed the state House last year. On Wednesday night, the House signed off on the changes to the legislation, sending the bill to the governor.

State Reps. Mark M. Gillen, a Robeson Township Republican, and Thomas R. Caltagirone, a Reading Democrat, introduced the bill in the House. The Senate bill was introduced by state Sens. Judy Schwank, a Ruscombmanor Township Democrat, and Stewart Greenleaf, a Montgomery County Republican.

If the governor signs the legislation, Eileen's Law would significantly change the state's truancy laws.

The legislation would shift the focus of state truancy policy from the court system to the schools, imposing new requirements before a case can be sent to the courts or a person can be jailed for a child's truancy.

“This bill returns the power to address truancy to the administrators and teachers who know their students best,” Schwank said. “This really is the right way to address truancy.”

Greenleaf called DiNino's death tragic and inexcusable.

“The commonwealth's truancy statute is in dire need of revisions that will refocus the law on improving school attendance and solving a child's problems rather than needlessly incarcerating parents who cannot afford to pay fines,” Greenleaf said. “Our current truancy statute has resulted in the tragic death of a jailed mother — an inexcusable failure of justice.”

Instead of relying on court intervention, schools would be required to address the underlying cause of a student's unexcused absence with an individualized plan. Prison sentences could be used only as a last resort and for no more than three days, and only after the parent refuses to perform community service instead of going to jail, Schwank said.

Schwank called DiNino's death a wake-up call that led to increased awareness about the differences in how different school districts and courts handled truancy cases.

“The bill won't bring Eileen back, but hopefully it will prevent any other family from experiencing the same pain,” Schwank said.

Under the bill, schools would be required to respond to truancy cases as soon as a child becomes truant. Schools would be required to notify parents or guardians and offer intervention services on the first instance of truancy.

If the truancy is repeated, schools would be required to attempt to meet with the parents and explore the need and availability of assistive services before they could refer a case to the court system.

There could be any number of reasons for truancy, Schwank said. Sick or working parents may be unable to transport the student to school, and some families cannot afford child care. No matter the reason, missing school can have serious repercussions, especially for low-income families.

“If students aren't in school they can't learn,” Schwank said. “It's another strike against them.”